Page No.# 1/4 GAHC010266862024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3928/2024 ISHAB ALI @ ISAB ALI SON OF LATE AMSER ALI @ ANSER ALI AND SAYADJAN NESSA PERMANENT RESIDENT OF VILLAGE- NOONMATI POST OFFICE- GHILAJARI POLICE STATION- HOWLY DISTRICT- BARPETA ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI PIN- 110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NEW DELHI- 110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006 4:THE DISTRICT COMMISSIONER BAJALI ASSAM PIN CODE- 781325 5:THE SUPERINTENDENT OF POLICE (B) Page No.# 2/4 BAJALI PIN CODE- 781325 ASSAM 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGHAR GUWAHATI- 781004 ------------ Advocate for : MS. D GHOSH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 09.01.2025 (K.R. Surana, J) Heard Ms. D. Ghosh, learned legal aid counsel for the applicant. Also heard Mr. J. Sarma, learned CGC for the respondent nos.1; Ms. S.T. Khan, learned counsel appearing on behalf of Ms. P. Baruah, learned standing counsel for the respondent no.2; Mr. J. Payeng, learned standing counsel for the FT matters, representing respondent nos.3 and 5; Mr. P. Sarma, learned Additional Senior Govt. Advocate for respondent no.4 and Mr. G. Sarma, learned standing counsel for respondent no.6. 2. By filing the connected writ petition under Article 226 of the Constitution of India, the applicant has assailed the opinion dated 27.07.2023, passed in F.T. Case No 1351/2017 arising out of IM(D)T Case No.1523/02, by the learned Member Foreigners’ Tribunal, Bajali, by which he was declared to be a foreigner of post 25.03.1971. 3. By order dated 16.12.2024, while issuing notice in the connected writ Page No.# 3/4 petition, it was provided that the prayer for bail shall be considered on receipt of records. 4. The prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that the opinion rendered by the learned Tribunal is fully justified and that the documents exhibited by the applicant does not linked him with his projected parents and grand-parents and therefore, the applicant has correctly been adjudged as a foreigner. 5. Be that as it may, taking note of the submissions made by the learned counsel for the applicant that he was apprehended on 07.08.2024 and since then he lodged in the Transit Camp, Matia, Goalpara, the Court is of the considered opinion that as the perusal of the records require some more time, the applicant, namely, Ishab Ali @ Isab Ali be enlarged on bail subject to compliance of the following conditions: a. The family members of the applicant shall appear before the Superintendent of Police (Border), Bajali and furnish bail bond of Rs.5,000/- (Rupees five thousand only) with 2 (two) solvent sureties of like amount to the satisfaction of the said authority. b. Before the releasing the applicant on bail, the Superintendent of Police (Border), Bajali shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner. c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence. 6. Thereafter, steps shall be taken by the Superintendent of Police Page No.# 4/4 (Border), Bajali to have the applicant released from the detention centre within 3 (three) working days from the date of receipt of certified copy of this order. 7. As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of Superintendent of Police (Border), Bajali without prior written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Bajali to move this Court for cancellation of bail. 8. This interlocutory application stands allowed. JUDGE JUDGE Comparing Assistant